Going through a divorce is a difficult time for both splitting parties as property division, child custody and financial accommodations must be made during divorce proceedings. Emotions run high and the stress of figuring out just what is going to happen after the divorce is complete weighs heavily on the minds of many divorced couples.
Alimony is an especially contentious topic when divorce proceedings begin. However, a New Jersey advocacy group is pushing for an update to current state alimony laws and it may lead to a wider, more impactful change to alimony laws across the nation.
New Jersey Alimony Reform, the advocacy group at the center of the movement, is trying to change current legislation to offer more equality between the paying and receiving parties involved in a spousal support agreement - specifically in regards to lifetime alimony payments.
Currently in New Jersey, lifetime alimony can be awarded by a judge if a marriage lasted as much as 10 years. Even if the paying spouse's financial situation changes (unemployment or a serious medical condition), there are few courses of action that can be taken to make adjustments to the alimony payments.
A variety of elements are factored into alimony when a couple files for divorce. Those elements include length of marriage, the health and/or age of the parties, standard of living and the financial need of both parties. The advocacy group's leader made his intentions clear, as the movement looks to change the ability of alimony to be a lifetime ruling.
"The reform movement isn't against alimony," he said. "We realize people need support to get back on their feet, but it should be proportional to the length of the marriage. Lifetime alimony is an abuse of this law."
Many other states have addressed what some are calling "antiquated" alimony laws, including Massachusetts (which eliminated lifetime alimony, in most cases). Florida is also preparing new legislation regarding spousal support. With change happening right in our backyard, will New York alimony laws see similar reform? Should new spousal support laws be put in place, consult a lawyer with experience in divorce and family law to address your alimony situation.
Source: FOX News, "New Jersey lawmaker looks to update alimony rules after advocacy group claims lifetime punishment," Leah Krakinowski, Jan. 11, 2012


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